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A REVIEW OF UGANDAS EDUCATION LAWS AND POLICIES IN REGARD

SCHOOL PREGNANCIES.

RELEVANT LAWS
1. The 1995 Constitution Of The Republic Of Uganda.
2. The Children Act Cap 59
3. The Education (Pre-Primary, Primary And Post Primary) Act, 2008
4. The Universities And Other Tertiary Institutions Act, 2001
5. The Business, Technical Vocational Education And Training Act, 2008
6. The Uganda National Examinations Board Act 1983
7. The National Curriculum Development Centre Act 1973.
RELEVANT POLICIES
1.
2.
3.
4.
5.

6.

7.

8.

9.
10.

Gender in Education Policy


Early Child Hood Development (ECD) Policy
National Physical Education and Sports Policy
The Education Sector HIV and AIDS workplace Policy
The Uganda Students Higher Education Financing Policy
(Note: preparation of this Bill in advanced stage)
Basic Education Policy for Educationally Disadvantaged
Children 2006 (Note: This Policy has been revised to be called
Non Formal Education Policy 2011 still in final draft)
Strategic Plan for Universal Secondary Education in Uganda
2009 - 2018
Guidelines on: Policy, Planning, Roles & Responsibilities of
Stakeholders in the Implementation of Universal Primary
Education (UPE) for Districts and Urban Councils
Guidelines for Early Childhood Development Centers.
Ugandas National Adolescent Health Policy of 2004

BY;
CHANWAT BRIAN GEOFFREY
LLB (Hons) UPU.
Tel; 0776118350/0756864069
Email; briangeoffrey15@yahoo.co.uk
EARLY PREGNANCY.

In majority of Ugandan schools, both public/ government or private,


wherein a case of an early pregnancy arises, there are various ways in
which school administrations react, among these include the automatic
suspension or disqualification/ expulsion of the pupil or student from school.
The student immediately loses her vacancy at the school on confirmation of
their status. The expulsion process is in such away that is so unfair and
humiliating. The girl child is expelled publicly.
In 1994, data was compiled by Forum for African Women Educationists
(FAWE) and it proved that many school age going girls in eastern and
central Africa dropped out of school due to pregnancy related matters. This
is because the laws and policies didnt favour the girls and expelled them
from schools instead and limited chances of re-admission into the education
system after birth. It also noted that morality was a ground under which
their parents stigmatized them.1
This is in total contravention of the various laws of the republic of Uganda.
The role of the state is to promote free and compulsory basic education to
all its citizens. This is through taking appropriate action to enable every
citizen an equal opportunity to attain this educational standard.
There is liberty for Individuals, religious bodies and other nongovernmental
organisations to operate educational institutions as long as they comply
with the general educational policy of the country and maintain national
standards.2
The 1995 Constitution provides for Affirmative action in favour of
marginalized groups on the basis of gender, age, disability or any other
reason created by history, tradition or custom, for the purpose of redressing
imbalances which exist against them and Parliament shall make relevant
laws, including laws for the establishment of an equal opportunities

1 Data compiled by Forum for African Women Educationists (FAWE, 1994)


2Objective XVIII and article 30 of the 1995 Constitution of the Republic of
Uganda and section 4 (1 and 2) of The Education (Pre-Primary, Primary And
Post Primary) Act, 2008.

commission to handle this specific subject. 3

Affirmative Action is often

described as the preferential treatment measures for redressing inequalities


or imbalances in accessing resources, power or opportunities.
The laws in Uganda do not directly express or pronounce on matters of
early pregnancies and the legal procedure of handling it.

There is no

mechanism where under the schools are obliged to take action in such
cases. This is the reason why different schools have handled the matter
depending on their orientation and foundation as well as teachers in
charge, parents, governing bodies and communities seem to devise various
means to address the challenge.
There are various laws that have been passed in Uganda to in order to
prevent sexual offences in the country. These laws have helped to shape
legal administration in regard to sexual matters. They protect girls from
early sex and penalize coerced sexual intercourse and forced marriages.
A few of the laws to consider looking at include the following.
THE PENAL CODE ACT CAP 120
This is the law that establishes the code of criminal law in Uganda. It
protects the underage from sexual encounter by incriminating and
punishing any person who unlawfully has sexual intercourse with a girl
under the age of eighteen years.4
It further deals with any person who procures or attempts to procure any girl
or woman under the age of twenty-one years to have unlawful carnal
connection, either in Uganda or elsewhere, with any other person or
persons; procures or attempts to procure any woman or girl to become,
either in Uganda or elsewhere, a common prostitute; procures or attempts
to procure any woman or girl to leave Uganda, with intent that she may
become an inmate of or frequent a brothel elsewhere; or procures or
attempts to procure any woman or girl to leave her usual place of abode in
Uganda, such place not being a brothel, with intent that she may, for the
3
4

Article 32 of the 1995 Constitution of the Republic of Uganda.


Section 129 of the Penal Code Act Cap 120

purposes of prostitution, become an inmate of or frequent a brothel either in


Uganda or elsewhere.5
In Uganda, the victims of this early pregnancy in school are mainly under age
and this law seeks to protect them.
This law mainly punishes the offenders who engage in forceful sexual
encounter with the young girls and ruining their education but does not
expressly address the aftermath of the minor whose school has been affected
due to an early pregnancy or disease such as HIV virus. This is because
where this arises, the most times parents of the girl child tend to ignore the
girls right to education, which is enshrined in the constitution. There is
discrimination against the girl child because of her condition during
pregnancy and after birth of the child.
The law and courts should expressly or impliedly mention on the status of the
girl child who has been wronged against. This maybe through obita dicta.

THE EDUCATION (PRE-PRIMARY, PRIMARY AND POST-PRIMARY) ACT,


2008.
This Act is meant to amend, consolidate and stream line the existing law
relating to the development and regulation of education and training, to
repeal the Education Act and to provide for other related matters.
The objectives of the Education (Pre-Primary, Primary and Post Primary) Act
is to give full effect to education policy of Government and functions and
services by Government; give full effect to the decentralization of education
services, the Universal Primary Education Policy of Government, Universal
Post Primary Education and Training Policy of Government; to promote
partnership with the various stakeholders in, providing education services;
to promote quality control of education and training; to promote physical
education and sports in schools.6
5 Section 131 of the Penal Code Act Cap 120
6 Section 1 of the Education (Pre-Primary, Primary And Post Primary) Act,
2008.

This Act has a policy on the provision of education and training and it
emphasizes that the provision of education and training to the child is to be
a joint responsibility of the State, the parent or guardian and other
stakeholders and the basic education shall be provided and enjoyed as a
right by all persons. The financing of education shall be through fees,
grants, donations, training levies, education tax, and any other means as
deemed appropriate by Government. Religious studies shall form part of the
curriculum in primary and post primary schools. This is in line with the other
laws of Uganda that provide for the provision of education.7
This act however is silent on the part of the children who are in school as it
basically concentrates on the management bit of schools other than the
pupils/students enrolled. The interests of the students are not emphasized
are because the students dont really have a way of reporting such matters
to the administration in cases where the childrens rights are violated.
THE CHILDREN ACT CAP 59.
This is an Act meant to reform and consolidate the law relating to children.
Its mainly to provide for the care, protection and maintenance of children;
and ensure that the local authority provide support for children. It further
establishes a family and children court and makes provision for children
charged with offences and for other purposes.
The Members of the community who have evidence that a childs rights is
being infringed or that a parent, a guardian or any person having custody of
a child is able to but refuses or neglects to provide the child with adequate
food, shelter, clothing, medical care or education to report the matter to the
local government council of the area and the secretary for childrens affairs
may, upon receiving the report must summon the person against whom the
report was made under; and a decision shall be made by the secretary for
childrens affairs in the best interests of the child.
The people whom the reports are made against must comply with the
decision made by the local authority or secretary for children affairs. The
7 Ibid Section 4

village executive committee is established and it is this very committee


that is charged with the responsibility of adjudicating the matter and give
any relief or order allowed by the law; and in the case of a parent, in
addition to the relief and order the parent to execute a bond to exercise
proper care and guardianship by signing an undertaking to provide the child
with any or all of the requirements of the child.
Under the constitution, the rights of family are guaranteed for both men
and women of the age of eighteen years and above have the right to marry
and to found a family and are entitled to equal rights in marriage, during
marriage and at its dissolution. 8 The child Act however defines a child as a
person below the age of eighteen years. 9 This automatically incriminates
any act of union in the disguise of marriage between a child and child or
child and adult for sexual intercourse.
The loophole is that this committees in most cases are reluctant in
adjudicating for the rights of education, in reference to the subject matter,
the committees have not taken adequate steps in order to safe guard
pregnancy in school because children who get pregnant in schools are often
dismissed and there is no proper channel under which they report their
matters to these local authorities. Parents have also failed on there part to
take such matters to these committees.

THE MARRIAGE ACT OF 1904 CAP 251.


This Act sets a clear consent age of 21 years in regard to marriage of
minors and prohibits any person below the age of 21 years to get married.
The Act gives the permission to parents to grant such marriages and
whereupon a parent(s) accepts a marriage of such a person below the age
of 21, the Act approves of such a marriage.
This is mainly to end the common practice that when a school age going
girl below the age of 18 years is impregnated by any person, the parents
8 Article 31 of the 1995 Constitution of the Republic of Uganda.
9 Section 2 of the Children Act Cap 59

forcefully marry off the girl to the alleged sexual offender. This mainly
happens where the perpetrator doesnt escape or denies the victim.
Most of the girls who get pregnant during school are all below the age of 21
years. Most people whose children get pregnant in school have a tendency
of marrying them off to the perpetrators. Marriages are arranged and girls
bride price paid off. This is in contravention of the law on marriage in
Uganda because there is the element of age.
The issue that many policies dont align is the way forward for such
occurrences, majority of these people always walk away scotch free and the
girls education stopped. This is in most times against the will of the girls.
The law is however silent on age of consent for the marriages in regard to
the girls.
Where there is underage marriage, it amounts to an act of defilement
because under our laws, any person who unlawfully has sexual intercourse
with a girl under the age of eighteen years commits an offence and is liable
to suffer death as a punishment.10
Other policies that acknowledge early marriage as a negative practice
include the 2001 National Youth Policy that expressly acknowledges the
right of youth to marry at the legal age of consent and pledges to promote
the enjoyment of this right. The policy puts much emphasis on the sexual
and reproductive health as a way of controlling the population.
THE PREVENTION OF TRAFFICKING IN PERSONS ACTS OF 2009
This is another of the Acts that prohibits trafficking in persons, creation of
offences, prosecution and punishment of offenders. It is mainly to prevent
the vice of trafficking in persons, protection of victims of trafficking in
persons, and other related matters.

10 Section 129 of the Penal Code Cap 120

The protection, assistance and support to children shall be provided in


accordance

with

their

special

needs,

especially

with

regard

to

accommodation, education and care.11


Many school age going girls are taken out of schools from there
homesteads and taken elsewhere to work as house helps in urban families.
This has always been a cause for the dropout in schools especially in rural
areas. In some of the places where they are taken, their supposed
caretakers often abuse many sexually.
There is limited redress whereupon such victims can run to incase they are
abused and the perpetrators end up scotch free.
THE ANTI- FEMALE GENITAL MUTILATION ACT (2010)
This is also another act that provides for the prohibition of female genital
mutilation, the offences, prosecution and punishment of offenders and the
protection of victims as well as girls and women under threat of female
genital mutilation and to provide for other related matters. Female Genital
Mutilation is one of the cruelest practices of this generation.
Much as this practice is dated back and attached to particular cultures, it is
one of the harsh practices that girls are subjected too in order to meet
particular standards in the cultural aspect in society.
The law on this prohibits the practice because it subjects girls to o much
pain and exposes them to diseases such as HIV. This practice has however
led to the drop out of school going girls due to the healing process. The law
denounces culture as a defense in the trial of a female genital mutilation.12
It also protects females or all persons whose wives, daughters or relatives
have not undergone female genital mutilation from discrimination.13

11 Section 12(9) of the Prevention of Trafficking In Persons Act, 2009


12 Section 10 of The anti- female genital mutilation act (2010)
13 ibid section 11 and 12

POLICIES
There are a few government policies with no definite policy on pregnancy in
schools

though

the

practice

varies

considerably.

Different

schools

depending on their orientation and foundation as well as teachers in


charge, parents, governing bodies and communities seem to devise various
means to address the challenge. As indicated by a key official in the
Ministry of Education and Sports:
THE NATIONAL DEVELOPMENT PLAN (NDP) 2010-2014/15
Under this policy, the effects of child marriages are considered to be one of
the worst practices that have affecting the country. It is for this matter that
the high mortality rates have been constant in the country. The policy has
been used to fight the early marriage vice by delaying marriages through
expanding access to basic education and secondary education through

Universal Primary Education (UPE) and Universal Secondary Education


(USE).
There are several factors on the other hand that have caused the high
dropouts in schools other than the early marriages. The sexual harassment
of school girls by there teachers and other community members as well as
social practices such as the female genital mutilation and the unavailability
of sanitation facilities.
The policy has several strategies it has put in place in order to achieve its
objectives.
One of the ways has been by addressing the social cultural barriers to
school attendance and promoting positive cultural values, norms and
practices through strengthening the family unit by sensitizing communities
about family values, developing school curricula on marriage and parenting,
and ensuring respect and promotion of human rights.
The plan emphasizes governments commitment to promote the rule of law
and due process by enacting more laws and implementing the available
laws and their continuous revision by supporting comprehensive and
demand driven law reforms to enhance access to justice and equality
before the law, among others. The policy employs strategies to promote
awareness among men, women and communities on their roles and
responsibilities in sexual and reproductive health and rights.14
This in the long run has yielded into the high enrolment of girls and women
into schools but with necessarily addressing the main issue of dismissing
the girl child from school where she gets pregnant or re-joining school after
giving birth.
THE GENDER IN EDUCATION POLICY (2009).
Ugandas Ministry of Education, Science Technology and Sports passed this
policy in 2009 in fulfillment of its pledge of facilitating re-entry of girls who
drop out as a result of teenage pregnancy and early marriage, among other
14 Strategy 2: Advocate for affordability, availability and accessibility of
quality health services at page 200 of the National Development Plan
(2010/11-2014/15)

strategies

to

ensure

equity

in

access,

achievement,

delivery

and

management of secondary education.


This policy is in line with Ugandas laws that provide that all people in
Uganda have a right to education irrespective of their social status. 15 Many
of the policies that were being passed did not mainly address the issue of
re-entry of young mothers into school. Most of them fear the stigma that
their peers subject them to.
There have been also various strategy mechanisms put in place to achieve
this such as recruitment of female teachers to rural schools. The policy
further fights gender-based violence in schools. This policy has been further
revised to suit the end of child marriages in the country.
This policy recommends the retention of girls in schools in order for them to
finish their school and avoid cases of violence against children. In the years
before, there has been increased violence against girls and women.
THE NATIONAL POPULATION POLICY 2008
This policy acknowledges the persistent cultural practices, customs and
norms regarding child marriages that have negative implications on the
status and welfare of women and children; and the need to address them. It
further identifies teenage motherhood as a major contributor the persistent
high fertility and maternal mortality ratio in the country.
This supplements the existing laws in regard to marriage. The Marriage Act
Cap 251 is clear on marriage and spells out the age of consent at 21 years
and his or her parents for the marriage to be legally binding must approve
anyone below the age of 21.
NATIONAL ADOLESCENT HEALTH POLICY FOR UGANDA
The overall goal of this policy is to mainstream adolescent health concerns
in the national development process in order to improve the quality of life
15 Article 30 and objective XVIII of the 1995 Constitution of the Republic of
Uganda.

and standard of living of young people in Uganda. This is because of the


current number of adolescents in Uganda and being a huge number when it
comes to maternal deaths and early pregnancies.
This has been a very big challenge in the country because many o them
have sex starting at a very tender age and ends up In Sexually transmitted
diseases such as HIV therefore this policy comes to improve on the
adolescents health.
The objectives of the policy are to provide policy makers and other key
actors in the social and development fields, reference guidelines for
addressing adolescent health concerns, create an enabling legal and socialcultural environment that promotes provision of better health and
information services for young people, protect and promote the rights of
adolescents to health, education, information and care, to promote the
involvement of adolescents in conceptualization, design, implementation,
monitoring and evaluation of adolescent health programs, promote
adequate development of responsible health related positive behavior
amongst adolescents including relations based on equity and mutual
respect between genders and sensitise them to such gender issues as they
grow into adulthood, provide legal and social protections of young people
especially the girl child against harmful traditional practices and all forms of
abuse including sexual abuse, exploitation, trafficking and violence, train
providers and reorient the health system at all levels to better focus and
meet the special needs of adolescents, advocate for increased resource
commitment for the health of adolescents in conformity with their age,
numbers, gender, needs and requirements at all levels, improve the
capacity of local institutions in research, monitoring and evaluation of
adolescent health needs and programs, promote, disseminate and utilise
relevant information to create awareness and influences behaviour
amongst

individuals,

communities,

leaders

and

service

providers

concerning adolescent health, promote co-ordination and networking


between different sectors and among Non Government Organisation/Youth
Serving NGOs working in the field of adolescent health and promote
interventions built on capabilities and resourcefulness of young people.

This policy has set up targets to reduce the number of women who have
their first child before 20 years. This is because the problem has been
persistent in the previous years hence need to address the matter.
It must be noted that most of these policies that have been passed are
mainly documentary in nature and no actual implementation at the
grassroots in these rural communities.
There has been no legal redress for the victims of these acts. A few of these
offenders have been dealt with under the criminal procedure in Uganda for
the various offences such as defilement and other children related offences
under the Penal Code Act Cap 120 and other laws thereto for the and the
perpetrators held accountable

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